ML20215B227
| ML20215B227 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/15/1987 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#287-3819 OL-3, NUDOCS 8706170263 | |
| Download: ML20215B227 (14) | |
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OR G NAh o
UNITED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
DOCKET NO: 50-322-OL-3 LONG ISLAND LIGHTING COMPANY EMERG NCY (Shoreham Nuclear Power Station, Unit 1)
TELEPHONE CONFERENCE o
LOCATION:
WASHINGTON, D.
C.
PAGES: 17382 - 17393 DATE:
MONDAY, JUNE 15, 1987 gol 0\\\\
l ACE-FEDERAL REPORTERS, INC.
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Official Reporters 444 North CapitolStreet Washington, D.C. 20001 8706170263 870615 PDR ADOCK 0500 2
(202) 347-3700 NATIONWIDE COVERAGE
f
- 3500 01 01 17382
}rysimons1 UNITED ~ STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
TELEPHONE CONFERENCE 5
X 6
In the Matter of:
i 7
LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3 8
(Shoreham Nuclear Power Station, l
9 Unit'1) 10
x 11 Ace Federal Reporters, Inc.
12 Suite 402 l ()
13 444 North Capitol Street 14 Washington, D C.
15 Monday, June 15, 1987 16
-The telephone conference in the above-entitled i
17 matter convened, pursuant to. notice, at 10:35 a.m.
~18 BEFORE:
19 JUDGE MORTON B. MARGULIES, Chairman 20 Atomic Safety and Licensing Board 21 U. S Nuclear Regulatory Commission I
(
22 Washington, D. C 20555 23 24
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25 Ace FEDERAL REPORTERS, INC.
202 347 3700 Nationwide Cmerage 800-336-6646
3500 01-01 17383
('s}rysimons' 1 JUDGE JERRY R.
KLINE, Member u
2 Atomic Safety and Licensing Board 3
U. S Nuclear Regulatory Commission 4
Washington, D. C 20555 5
JUDGE FREDERICK J. SHON, Member 4
s
~6 Atomic Safety and Licensing Board 7
U. S Nuclear Regulatory Commission 8
Washington, D. C 20555 9
APPEARANCES:
?
10 On. Behalf of the Applicant:
11 JAMES CHRISTMAN, ESO.
,l 12 Hunton & Williams
( )'
13 707 East Main Street 14 Richmond, Virginia 23212 15 On Behalf of Suffolk County:-
i 16 CHRISTOPHER M. McMURRAY, ESO.
17 RONALD ROTH, ESO.
18 Kirkpatrick & Lockhart 19 South Lobby, Ninth Floor 20 1800 M Street, N.W.
i 21 Washington, D. C. 20036-5891 22 23 24 i
ace FEDERAt. REPORTERS, INC.
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~(O~irysimons 1 On Behalf of FEMA:
2 GEORGE WATSON, ESO.
3 Federal Emergency Management Agency 4
500 C Street, S.W.
5 Washington, D.C.
20472 6
On Behalf of the State of New York 7
RICHARD J.
ZAHNLEUTER, ESO.
8 Deputy Special Counsel to the Governor 9
Executive Chamber 10 The Capitol, Room 229
^
11 Albany, New York 12224 12 On Behalf of the NRC:
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13 RICHARD G.BACHMANN, ESO.
14 U. S. Nuclear Regulatory Commission 15 Office of General Counsel 16 Washington, D.C.
20555 1
17 4
18 19 20 i
21 22 23 24 (2) 25 4
Ace FEDERAL REPORTERS, INC.
202 347 3700 Nationwide Cmcrage 800-336-6646
3500 01 01 17385 (G~'7:rysimons 1 PROCEED 1NGS 2
JUDGE MARGULIES:
Good morning.
3 This is Judge Margulies.
With me are Judges 4
Kline and Shon.
5 We have for review this morning LILCO's motion 6
to substitute witnesses in request for expedited treatment.
7 This conference c.all is being recorded verbatim.
8 I would like to take appearances.
Just state 9
who you are and who you represent.
10 We will start with the applicant.
11 MR. CHRISTMAN:
This is Jim Christman 12 representing the applicant, Long Island Lighting Company.
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13 JUDGE MARGULIES:
Who do we have for the 14 intervenors?
15 MR. McMURRAY:
This is Christopher McMurray for 16 Suffolk County.
With me is Ronald Roth.
17 MR. ZAHNLEUTER:
This is Richard Zahnleuter 18 representing the State of New York.
19 JUDGE MARGULIES:
Who represents Staff?
20 MR. BACHMANN:
Richard Bachmann representing the 21 Staff of the NRC.
22 JUDGE MARGULIES:
Do we have anyone representing 23 FEMA?
24 MR. WATSON:
George Watson representing FEMA.
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25 JUDGE MARGULIES:
Are there any other ACE FEDERAL REPORTERS, INC.
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7rysimons 1 appearances?
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2 (No response.)
3 There being none, we have LILCO's motion to 4
substitute witnesses in request for expedited treatment.
1
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5 We have received no responses from any of the j
l l
6 other parties.
We would like to hear from the other l
7 parties.
8 You may proceed for the intervenors.
9 MR. McMURRAY:
Judge Margulies, this is Chris 10 McMurray.
I guess I'll go ahead first.
11 Let me say at the outset that the County does 12 not oppose LILC's motion to substitute the two new i
I ')
13 witnesses, and we sympathesize with the circumstances that v
14 require the substitution.
15 However, we strongly oppose LILCO's attempts to 16 limit the County's legitimate discovery rights, and LILCO 17 is being unreasonable by not permitting the depositions 18 that goes beyond basically confirming what is in the 19 witnesses' resumes.
20 Back in March the County was able to depose Mr.
21 Davorio and took that opportunity in a four or five-hour 22 deposition to explore in great detail his opinions and the 23 facts underlying those opinions, documents on which he 24 relies and the experience on which he relies.
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25 We were also able to determine his strengths and Acn FnDERAL REPORTERS, INC.
202 347 3700 Nationwide Coserage Mxb336-6646
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(;r weaknesses as a witness, to determine the strengths and C/ ysimons 1 2
weaknesses of his testimony and out of that whole 3
deposition we also got a document, the deposition 4
transcript which we could use to impeach Mr. Daverio if his 5
testimony at trial differed from his testimony at his 6
deposition.
7 Now LILCO wants to substitute two new witnesses, 8
and these are witnesses that we have never before had 9
experience with.
I don't know Ms. Dreikorn and I don't 10 know Mr. Crocker.
11 LILCO wants us to go ahead with cross-12 examination without having had the opportunity to explore (O
13 the facts that they rely on for adopting Mr. Daverlo's w) 14 testimony, the opinions which they rely on for adopting his 15 testimony, the documents they reviewed, the experience they 16 rely upon, and we also have no transcript that we can use 17 to impeach the witnesses if we are surprised by the 18 testimony.
19 Now we sympathize with the fact Mr. Daverio can 20 no longer be a witness in this proceeding, but it's not the 21 government's fault.
We should not be prejudiced by having 22 to go into trial and crosc-examine these new witnesses 23 without the opportunity for a full deposition, which may or 24 may not go into the substance of the testimony, but that is
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25 just an unfortunate fact of timing that the governments are Aa FEDERAL REponTEns, INC.
202 347 37(o Nationwide Coserage 8m-336-Me
3500 01 01 17388 rysimons 1 not responsible for.
2 JUDGE MARGULIES:
May we hear from New York 3
State.
4 MR. ZAHNLEUTER:
Yes, Judge Margulies.
This is 5
Richard Zahnleuter.
The State of New York does not oppose 6
the motion either.
However, we have a right to confront 7
the applicant's e.tnesses and to challenge the basis of 8
their opinions.
L..i right will be unfairly denied if the 9
applicant is allowet to take the position that a current 10 witness has the same knowledge, experience and rationale 11 for testimony as a former witness just because the 12 testimony is the same.
O 13 rae no ra aoeia areat the co oti a=t 14 condition it upon providing us with the discovery to which 15 we are entitled.
16 JUDGE MARGULIES:
Do the other participants wish 17 to offer argument?
18 MR. BACHMANN:
The Staff has no argument to 19 offer on this point, sir.
20 MR. WATSON:
FEMA has no argument on the point, l
l 21 sir.
1 22 JUDGE MARGULIES:
Mr. Christman, do you wish to 23 be heard further?
24 MR. CHRISTMAN:
Yes, I do, briefly.
25 LILCO has suffered a misfortune here that is ace. FEDERAL REPORTERS, INC.
l L
3500 01 01 17389 7rysimons1 going to handicap the presentation of our case obviously 2
because the loss of Chuck Daverio is a significant loss to 3
us.
4 It sounds to me as though the intervenors are 5
trying to take this set-back to LILCO as an opportunity for 6
them to increase our handicap even further by taking a e
7 depostiion right before the presentation of our testimony 8
even though the testimony that we are sponsoring is exactly 9
the same as it was before.
That seems to me unfair and 10 uncalled for.
I emphasise that the testimony we are going 11 to present is exactly the same as it was before.
12 Now as to whether they can uso the transcripts
[
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13 of Mr. Daverio, I don't see why they can't if they perceive 14 some inconsistency in the testimony that develops at trial 15 ask the new witnesses why they are differing from what 16 their boss testified in his deposition sometime before.
{
i 17 To the extent there might be some technical 18 objection I could make that the witnesses are being 19 confronted by an inconsistent statement by a different 20 person, I would expect not to make that objection and I 21 would expect it to be overruled in these circumstances if 22 it were made.
23 lience, it does not seem to me that the 24 deposition transcript of Mr. Daverio has been rendered 1' ()
25 useless to the intervenors.
I t
/\\CE FEDERAL REPORTERS, INC.
202 347 3700 Nationwide Cmcrage MIO-33r>6646
3500 01 01 17390 t7rysimons 1 All of the other argument about the right to
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2 confront witnesses just makes no sense without specifics.
3 The testimony that was profiled is the same, and that is 4
really all there is to it.
5 In short, the only thing that has changed is the 6
identity of the witnesses.
We did offer to make them 7
available so that the County could ask them about their 8
background and qualifications, and that is the only thing 9
that has changed, and that is the only thing that ought to 10 be open to deposition now.
That's all I have to say.
11 JUDGE MARGULIES:
Well, Mr. Christman, you 12 yourself acknowledge in your own motion that they both
()
13 don't have the same qualifications.
The very fact that you 14 need two people to substitute for the one establishes that 15 they are not so-called clones of Mr. Daverlo.
16 MR. CHRISTMAN:
Well, they are certainly not 17 clones.
He has broader experience and has been on the job 18 I think than either of them and indood participated in the 19 writing of the plan which I don't think they probably did.
20 But that, as I say is a handicap to us and not an 21 opportunity for the County and State to take a further 22 advantage.
23 MR. McMURRAY:
Judge Margulios, we are not 24 trying to take unfair advantage of LILCO.
We are trying to
()
25 take advantage of the rights which are our due under the ace. FEDERAL REPORTERS, INC.
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{;rysimons1 NRC's regulations.
These are brand now witnesses.
2 And just to speak again to the point that you 3
made, LILCO has already acknowledged that these witnesses
)
4 don't have the same knowledge.
We have to be able to 5
explore what their bases are for that testimony and not l
6 what Mr. Davorio's are.
7 JUDGE MARGULIES:
What would you need by way of 8
depositions and what type of time frame do you propose?
9 MR. McMURRAY:
Well, sir, I would say we would 10 be able to be ready for a deposition within days, and I 11 don't think the depositions of the two of them would 12 probably tako more than a day.
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13 JUDGE MARGULIES:
So you are talking about 14 completing the depositions within the next week?
15 MR. McMURRAY:
Yes, sir, and certainly before 16 trial.
17 JUDGE MARGULIES:
The Board will confer and 18 render a decision.
19 (Board conferring.)
20 The is Judge Margulios again.
The Board has 21 considered the matter and does agree that LILCO's motion to 22 substitute the witness should be granted subject to the 23 condition that the two witnesses, Douglas M. Crocker and 24 Diano P.
Dreikorn, be deposed by the opposing parties.
(])
25 An unfortunato event has occurred, but we find Acn-FnDERAL RneonTnns, INC.
202 347 3700 Nationwide Coserage tun 336 (M6
3500 01 01 17392 (J"7rysimons 1 no basis to prejudice the intervonors because of the 2
applicant's misfortunte.
They are only laying claim to i
f 3
what they would have a right to in regard to any witness f
4 and they are not being given any additional benefit in 5
terms of being able to depose those two witnesses.
It is a 6
right that they have and a right that they should be able 7
to exercise.
8 MR. CilRISTMAN:
Judge Margulios, this is Jim 9
Christman.
Then you are not putting any limits on the 10 deposition whatsoever; is that right?
11 JUDGE MARGULIES:
The limits will be that the 12 depositions -- that is correct in terms of subject matter --
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13 that the depositions may be beyond qualifications.
The 14 limitation is that the depositions should be completed 15 prior to the hearing date on June 30th.
16 Is there anything further?
17 MR. CilRISTMAN:
No, sir.
18 Chris, would you call me about what you want to 19 do on timing of the deposition.
20 JUDGE MARGULIES:
I'm sure the parties should be 21 able to got together and como forth with a reasonable plan r
22 to deposo the witnesses without troublo.
23 MR. CllRISTMAN :
That's right, Judge.
I'm just 24 asking for Mr. McMurray to give me a call when he knows
()
4 25 what he wants to do.
Acti Frintiari. RimoRuins, INC.
202147 37(v)
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3500 01 01 17393 brysimons1 MR. McMURRAY:
That will be no problem, Judge 2
Margulies.
3 JUDGE MARGULIES:
Okay.
4 There being nothing further the conference call 5
is concluded.
6 (Whereupon, at 10:52 a.m.,
the conference call 7
in the above-entitled matter concluded.)
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i
Acti-l?iti)iti<A1. Iliti>oitTiilts, INC, 202147.)no Nanonwide cmerare mn 116 (M6
CERTIFICATE OF OFFICIAL REPORTER to O
This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of NAME OF PROCEEDING: LONG ISLAND LIGilTING CO!!PANY (Shoreham Nuclear Power Station, Unit 1)
TELEPl!ONE C0!!PEREllCE DOCKET NO.
50-322-OL-3 PLACE:
Washington, D. C.
DATE:
!!onday, June 15, 1987 were hold as heroin appears, and that this is the original transcript thereof for tho file of the United States Nuclear Regulatory Commission.
(sigt)
M 1
(TYPED)
[
!!ARY sit!O!!S official Roporter Aco-Federal Reporters, Inc.
Reportor's Affiliation O
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